Joseph on behalf of Estate of Joseph v. Bartlett

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 10:42

Taking facts in plaintiff’s favor, officers who kicked and punched suspect—twenty-six blunt-force strikes and two rounds of tasing, while he was face down in fetal position, not suspected of any crime, not posing a threat to officers or others, and not actively resisting arrest, violated clearly established Fourth Amendment rights and would not be entitled to qualified immunity; court affords qualified immunity to bystander officers for failure to intervene because plaintiffs failed to cite an analogous case.

Citation
Actionable Conduct Edition